IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50369
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALDO RAY WASHINGTON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-95-CR-167
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April 2, 1997
Before HIGGINBOTHAM, WIENER and BENAVIDES, Circuit Judges.
PER CURIAM:*
Aldo Ray Washington appeals from his guilty-plea conviction
and sentence for using or carrying a firearm during and in
relation to a drug-trafficking offense, in violation of 18 U.S.C.
§ 924(c)(1).
Washington argues that the factual basis was insufficient to
support his guilty plea in light of the Supreme Court’s decision
in Bailey v. United States, 116 S. Ct. 501 (1995). Our review of
the record, arguments, and authorities convinces us that there
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 96-50369
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was no error, plain or otherwise. See United States v. Ulloa, 94
F.3d 949, 955 (5th Cir. 1996).
Washington argues that his guilty plea is invalid because
the district court failed to comply with Fed. R. Crim. P. R. 11
by failing to advise Washington of the nature of the charge.
We have reviewed the record, including the transcript of the
rearraignment hearing, the plea agreement, and the factual resume
supporting the guilty plea, and hold that Washington was aware of
the nature of the charge against him. Further, even if the
district court varied from Rule 11 by not expressly stating the
elements of the offense of conviction, such variance cannot be
reasonably viewed as a material factor affecting Washington’s
decision to plead guilty. See United States v. Johnson, 1 F.3d
296, 302 (5th Cir. 1993) (en banc).
Washington argues that his trial counsel was ineffective for
failing to advise him of the nature of the charge in light of
Bailey and for failing to object to the sufficiency of the
factual basis.
This court does not review claims of ineffective assistance
of counsel on direct appeal if the issue has not been presented
to the district court and if there has been no opportunity to
develop the record on the issue. United States v. Navejar, 963
F.2d 732, 735 (5th Cir. 1992). Any ineffective-assistance claim
which Washington may wish to bring may be brought in a 28 U.S.C.
§ 2255 proceeding.
AFFIRMED.